From Casetext: Smarter Legal Research

Burghardt-Cobb v. Garland

United States District Court, Eastern District of California
Jun 17, 2021
1:17-cv-01563-DAD-SKO (E.D. Cal. Jun. 17, 2021)

Opinion

1:17-cv-01563-DAD-SKO

06-17-2021

KATHLEEN BURGHARDT-COBB, Plaintiff, v. MERRICK GARLAND, United States Attorney General, Defendant.


ORDER RE CONTINUED SETTLEMENT CONFERENCE

SHEILA K. OBERTO UNITED STATES MAGISTRATE JUDGE.

The Court held a telephonic conference on June 15, 2021. Kevin Little, Esq., appeared on behalf of Plaintiff. Benjamin Hall, Esq., appeared behalf of Defendant. Following a discussion with the parties, the Court determines that a settlement conference would not be productive at this time and hereby CONTINUES the Settlement Conference, currently set for June 24, 2021, to December 14, 2021, at 10:00 A.M. before Magistrate Judge Sheila K. Oberto

Consideration of settlement is a serious matter that requires thorough preparation prior to the settlement conference. Accordingly, IT IS HEREBY ORDERED that:

1. Pre-settlement Conference Exchange of Demand and Offer

As discussed with the parties during the telephonic pre-settlement conference, a settlement conference is more likely to be productive if, before the conference, the parties exchange written settlement proposals. Accordingly, at least 5 weeks prior to the settlement conference, counsel for plaintiff shall submit an updated written itemization of damages and settlement demand to defense counsel with a brief summary of the legal and factual basis supporting the demand. No later than 4 weeks prior to the settlement conference, defense counsel shall submit a written offer to counsel for plaintiff with a brief summary of the legal and factual basis supporting the offer.

The parties shall continue to meet and confer thereafter to attempt to compromise regarding their respective positions, so as to assist with ensuring that the settlement conference will be productive.

2. Submission and Content of Confidential Settlement Conference Statements

The parties are to send Confidential Settlement Conference Statements (Settlement Statement) to the following email address: SKOorders@caed.uscourts.gov, to arrive no later than fourteen (14) days before the conference. Each statement shall be clearly marked “CONFIDENTIAL” with the date and time of the mandatory settlement conference indicated prominently. Each party shall also file a Notice of Submission of Confidential Settlement Conference Statement (See L.R. 270 (d)).

If the Settlement Conference is continued for any reason, each party must submit a new Settlement Statement that is complete in itself, without reference to any prior Settlement Statements.

Each Settlement Statement shall include the following:

a. A brief summary of the core facts, allegations, and defenses, a forthright evaluation of the parties' likelihood of prevailing on the claims and defenses, and a description of the major issues in dispute.
b. A summary of the proceedings to date.
c. An estimate of the cost and time to be expended for further discovery, pretrial, and trial.
d. The nature of the relief sought.
e. An outline of past settlement efforts including information regarding the "Pre-settlement Conference Exchange of Demand and Offer" required above-including the itemization of damages-and a history of past settlement discussions, offers, and demands.
f. A statement of each party's expectations and goals for the Settlement Conference.

3. Attendance of Trial Counsel and Parties Required

The attorneys who will try the case and parties with full and complete settlement authority are required to personally attend the conference. An insured party shall appear by a representative of the insurer who is authorized to negotiate, and who has full authority to negotiate and settle the case. An uninsured corporate party shall appear by a representative authorized to negotiate, and who has full authority to negotiate and settle the case. It is difficult for a party who is not present to appreciate the process and the reasons that may justify a change in one's perspective toward settlement. Accordingly, having a client with authority available by telephone is not an acceptable alternative, except under the most extenuating circumstances.

Insurance carriers, business organizations, and governmental bodies or agencies whose settlement agreements are subject to approval by legislative bodies, executive committees, boards of directors or the like shall be represented by a person or persons who occupy high executive positions in the party organization and who will be directly involved in the process of approval of any settlement offers or agreements.

Out of town or out of state travel and the purchase of an airplane ticket are not extenuating circumstances.

In light of the coronavirus (COVID-19) outbreak and General Order No. 631, which affords each Judge discretion to determine whether to hold proceeding in a courtroom or by videoconference, the Court will revisit the in-person requirement closer to the date of the settlement conference and reserves the right to modify the requirement depending upon the courthouse restrictions, if any, in place as of December 14, 2021. The parties are advised that should in-person settlement conferences not be feasible, Zoom videoconference conferences are available. At the December 7, 2021, Pre-Settlement Conference, (see paragraph 6 below), the parties should be prepared to discuss the method of conducting the settlement conference and whether the settlement conference should proceed on December 14, 2021. If the parties opt to conduct the settlement conference by Zoom videoconference, the Court will provide the call-in information closer to the time of the settlement conference.

The Court expects both the lawyers and the party representatives to be fully prepared to participate. The Court encourages all parties to keep an open mind in order to reassess their previous positions and to discover creative means for resolving the dispute.

4. Issues to Be Discussed

The parties shall be prepared to discuss the following at the settlement conference:

a. Goals in the litigation and problems they would like to address in the settlement conference and understanding of the opposing side's goals.
b. The issues (in and outside the lawsuit) that need to be resolved.
c. The strengths and weaknesses of their case.
d. Their understanding of the opposing side's view of the case.
e. Their points of agreement and disagreement (factual and legal).
f. Any financial, emotional, and/or legal impediments to settlement.
g. Whether settlement or further litigation better enables the accomplishment of their respective goals.
h. Any possibilities for a creative resolution of the dispute.

5. Statements Inadmissible

The parties are expected to address each other with courtesy and respect and are encouraged to be frank and open in their discussions. Statements made by any party during the settlement conference are not to be used in discovery and will not be admissible at trial.

6. Pre-Settlement Telephonic Conference

Prior to the Settlement Conference, Magistrate Judge Oberto will hold a brief, telephonic discussion on December 7, 2021, at 4:00 PM (dial-in number: 1-888-557-8511; passcode: 6208204#). Only attorneys and unrepresented parties are required to participate in the conference.

IT IS SO ORDERED.


Summaries of

Burghardt-Cobb v. Garland

United States District Court, Eastern District of California
Jun 17, 2021
1:17-cv-01563-DAD-SKO (E.D. Cal. Jun. 17, 2021)
Case details for

Burghardt-Cobb v. Garland

Case Details

Full title:KATHLEEN BURGHARDT-COBB, Plaintiff, v. MERRICK GARLAND, United States…

Court:United States District Court, Eastern District of California

Date published: Jun 17, 2021

Citations

1:17-cv-01563-DAD-SKO (E.D. Cal. Jun. 17, 2021)